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post #29 of Old 08-13-2013
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Re: Give way when hoisting the main?

Originally Posted by LesleyS View Post
nolatum - I want you for my attorney should I ever need one!

Legal question, out of curiosity: If the sailboat engaged gear and attempted to avoid collision, but the a$$hat ran him down anyway - who would be at fault then? Still 50/50? Sailboat didn't have a crystal ball to see what a$$hat was going to do and failed to engage power soon enough to avoid a madman intent on running him down?

Just curious. I grew up in a legal family, and in a lawfirm. But maritime law was never my speciality, and I realize how very little I know of maritime law.

Thanks in advance.
In most cases there is shared responsibility (Rule 2 is a biggy as is 17(a)ii)). It may not be 50/50.

I know of one case where a sailboat at anchor without proper lighting was held solely responsible for a collision when hit be a powerboat.

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Last edited by jackdale; 08-13-2013 at 10:15 PM.
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